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The Cuyahoga County Court of Common Pleas struck down Broadview Heights’ drilling prohibitions as preempted by ORC Chapter 1509.  See Bass Energy, Inc. v. City of Broadview Heights, Cuyahoga Common Pleas Court Case no. CV-14-828074, Opinion and Judgment Entry (Mar. 10, 2015).  Following the recent Ohio Supreme Court decision, State ex rel. Morrison v. Beck Energy Corp., Slip Opinion No. 2015-Ohio-485, the Cuyahoga County Court of Common Pleas held that prohibition of drilling conflicts with State statutes giving exclusive authority to the Ohio Department of Natural Resources to regulate the permitting, location, and spacing of oil and gas wells in Ohio.   The ban on drilling was not within the city’s home rule powers as granted by the Ohio Constitution.

The drilling prohibitions were created by a voter-approved amendment to the Broadview Heights Charter known as the “Community Bill of Rights”.  Besides prohibiting new drilling, the Community Bill of Rights also declared that oil and gas extraction companies in violation of the Charter do not have the rights of “persons” afforded under the U.S. and Ohio Constitutions and do not have rights under the commerce or contracts clause of the U.S. and Ohio Constitutions.

See Cleveland.com.   Judge shoots down Broadview Heights ban on future oil and gas wells

See our prior posts

Oil and Gas Company Sues Ohio Suburb over Gas Drilling Ban

State Oil and Gas Law Preempts Munroe Falls Drilling Ordinances in Split Ohio Supreme Court Opinion

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